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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a specialized credit finance company with the purpose of installment financing business, etc., and the Defendant is a company with the purpose of banking business.
B. On June 27, 2013, the Plaintiff offered a credit card sales claim on a well-known Co., Ltd.’s credit card sales claim as security to secure the repayment of the loan amounting to 2.5 billion won (Plaintiff 1.5 billion won and Defendant 1. billion won) in collaboration with Defendant Jindo Branch.
C. On June 27, 2013, the Plaintiff entered into a monetary claim trust agreement (hereinafter “instant trust agreement”) with the trust partner and the second-class beneficiary, the trustee, the Defendant, the first-class beneficiary, and the Plaintiff and the Defendant Inndo branch, with the trust beneficiary and the second-class beneficiary.
The instant trust contract: (a) the Plaintiff and the Defendant Hando branch entered into a loan agreement with well-beingco around June 27, 2013; (b) on the same day, well-dying was entrusted with all credit card sales claims arising from the business to provide credit card sales claims to beneficiaries, including the Plaintiff, etc. as a collateral for the said loan; and (c) the Defendant’s trust division which manages the credit card sales claims entrusted with the entire credit card sales claims; and (d) deducted certain conditions, i.e., the collected credit card sales charges, and paid them to the first-class beneficiary; and (e) if the amount exceeds the minimum reserve amount of KRW 150,00,00 as agreed under the special agreement, the sales proceeds shall be paid to the Plaintiff and the Defendant Hando branch, who is the first-class beneficiary, as the second-class beneficiary; and (e) the payment to the second-class beneficiary, as a result of early payment, should be suspended.
E. According to the instant trust agreement, a customer’s credit card use occurs in the business through each location of well-dying.